Waiver

5K COLOR RUN PARTICIPANT RELEASE & WAIVER OF LIABILITY

This Participant Release & Waiver of Liability is entered into by and between 5K Color Run, LLC (“Company”) and The Participant In The 5K Color Run Event (“Participant”).

The following Release outlines the Company’s Release and Waiver of all Liability of the Company and all related persons and entities.  The Participant forever releases the Company and agrees to indemnify, defend, and hold harmless the Company (and our officers, directors, employees, agents, customers, sponsors, volunteers, event locations, and investors) against any claim, loss, damage, settlement, cost, expense, obligation, emotional distress, physical injury, discrimination, harassment, retaliation, attorney’s fees, presumed wrongful action, or other liability arising from or related to the Participant’s actions and activities in the event and any actual or alleged breach of any obligations in this Release.

The Participant executes freely and voluntarily this Release under the following terms and conditions:

    1. I understand that participating in this event may be a hazardous activity. I agree not to participate in this event unless I am medically able. I agree to obey all civil and criminal laws at all times.  I represent and certify that I am in good health and physical condition to participate in this event.
    1. The race directors reserve the right to cancel the event for any reason. In the event of cancellation or change, I understand that there is no refund of entry fees.
    1. I agree to not consume alcohol prior to or during the event or ingest any medicines or substances prior to or during the event that will inhibit my mental or physical ability to safely and effectively participate in the event.
    1. I agree to abide by any decision of a race official relative to my ability to safely complete the race and the decisions as to which participants are awarded prizes.
    1. I assume all risks associated with participating in this event, including but not limited to falls, communicable viral or bacterial diseases (such as COVID), contact with other participants, negligent or wanton acts of other participants, volunteers, spectators, event officials, and event monitors, lack of hydration, traffic, obstacles, fire, bee stings, insect bites, defects or condition of premises, the effects of the weather including but not limited to high heat, humidity, rain, and wind, all such risks being known and appreciated by me.
    1. I agree that the Company is not responsible for any personal items or property that may be lost, stolen, or damaged at this event. I agree to post a description of my returns/exchange policy at my booth.
    1. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
    1. I understand that no wheeled baby conveyances or other wheeled means of conveyance, or pets, are permitted at this event.
    1. I grant and convey unto the Company, its affiliates, sponsors, and assigns all rights, title, and interest in any and all photographs, motion pictures, recordings, or any other record of this event made by the Company during the Participant’s activities with the Company, including, but not limited to, any promotions, advertising, marketing, royalties, proceeds, or other benefits derived from such photographs or recordings. Any and all photographs, motion pictures, recordings, or other records of the event are the sole property of the Company.
    1. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, as well as cooperative and positive participation. The Company may dismiss, without refund, anyone whose behavior directly or indirectly endangers safety, affects the event, a participant, a facility, or property of any type or kind. I also agree to indemnify the Company and its affiliates and assigns, from any and all third party claims caused in whole or in part by my actions.
    1. I understand that the Company does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
    1. I acknowledge that the Company does not carry or maintain any health, medical, or disability insurance for any Participants. It is expected that the Participant will obtain his or her own health or medical insurance coverage.
    1. The Participant understands that the activities may include running, walking, jumping, eating, overcoming obstacles, and crossing intersections. The Participant acknowledges the risk involved with racing and confirms that he/she is physically fit enough to participate in this event. Additionally, the Participant acknowledges the risks involved with eating as well as the potential for food allergies.  It is the responsibility of the Participant to educate themselves on the ingredients and warnings for the various foods available at this event.  The participant acknowledges that this event involves the use of colored cornstartch and may cause skin irritation, itching, burning, discomfort, or vision problems, and may permanently stain or damage clothing, personal belongings, property, vehicles, and residences.  The Participant expressly and specifically assumes the risk of injury or harm in the activities and releases the Company from all liability for injury, illness, death, or property damage resulting from the Activities.
    1. Safety is the most important part of this event and the Company has designed this event to be as safe and fun as possible. Depending on location, the course may change from paved paths to dirt trails with roots to bridges over creeks.  Everyone must be mindful of their surroundings, especially when transitioning into a section that may only fit one person at a time.  The Participant acknowledges, accepts, and agrees to follow these rules.
    1. I recognize and acknowledge that there are certain risks of physical injury to participants in this event, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) as a result of participating in these activities against the Company including its officials, agents, volunteers, sponsors, and employees. I do hereby fully release and forever discharge the Company from any and all claims for injuries, illnesses, damages, expenses, or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ ward and arising out of, connected with, or in any way associated with the race, program or activities.  I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.  When registering online, my online signature shall substitute for and have the same legal effect as an original form signature. 

PARTICIPATION WILL BE DENIED if the signature of an adult participant or parent/guardian and date are not signed at the time and place of the event.  The Company is committed to conducting its race and activities in a safe manner and holds the safety of participants in high regard.  The Company continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for the event must recognize that there is an inherent risk of injury when choosing to participate in recreational activities and programs.  I am solely responsible for determining if I or my minor child/ward is physically fit and/or skilled for the race or activities contemplated by this agreement.  It is always advisable, especially if the participant is pregnant or disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity.  I do hereby fully release and forever discharge the Company from any and all claims for injuries, damages or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with these programs/activities.

I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.

By checking the box on our website during registration, I am signing this document electronically.  I agree that my electronic signature is the legal equivalent of my manual/handwritten signature on this document.  By selecting “I agree” using any device, means, or action, I consent to the legally-binding terms and conditions of this document.  I further agree that my signature on this document is as valid as if I signed the document in writing.  I am also confirming that I am authorized to enter into this Agreement.  If I am signing this document on behalf of a minor under the age of 18, I represent and warrant that I am the minor’s parent or legal guardian.  If I am signing this document on behalf of other participants in my group/team that I have registered, I represent and warrant that I am signing this document on behalf of them and affirm that those participants in my group/team consent to the terms of this waiver of liability.

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